Breath Analyzer Not Conclusive Proof of Alcohol Consumption; Emphasizes Blood and Urine Tests for Accurate Results: Patna High Court

The Patna High Court has ruled that a breath analyzer report is not a conclusive proof of a person’s consumption of liquor. Justice Bibek Chaudhuri stated that blood sample and urine tests are the correct method to determine if a person has consumed liquor.

The ruling came on a plea filed by the wife of a clerk who was dismissed from service in Kishanpur. The clerk was arrested for reporting to work under the influence of alcohol in February 2018.

He was booked for violating provisions of the Bihar Prohibition and Excuse Act, 2016. The clerk, who died during his plea, argued that he had consumed cough syrup containing a certain amount of alcohol. The court noted that blood and urine samples were not taken to examine the percentage of liquor in his body at the time of arrest.

The court concluded that the disciplinary authority failed to consider the Supreme Court’s judgments and based its order of punishment on the breath analyzer report, which cannot be considered a conclusive report of alcohol consumption.